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7 U.S.C. § 8732 — Loan rates for nonrecourse marketing as-

Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 8732 — Loan rates for nonrecourse marketing as-

Page 2228 TITLE 7—AGRICULTURE § 8731 1 See References in Text note below. SUBCHAPTER II—MARKETING ASSISTANCE LOANS AND LOAN DEFICIENCY PAYMENTS § 8731. Availability of nonrecourse marketing as- sistance loans for loan commodities (a) Nonrecourse loans available (1) Availability For each of the 2008 through 2012 crops of each loan commodity, the Secretary shall make available to producers on a farm non- recourse marketing assistance loans for loan commodities produced on the farm. (2) Terms and conditions The marketing assistance loans shall be made under terms and conditions that are pre- scribed by the Secretary and at the loan rate established under section 8732 of this title for the loan commodity. (b) Eligible production The producers on a farm shall be eligible for a marketing assistance loan under subsection (a) for any quantity of a loan commodity produced on the farm. (c) Compliance with conservation and wetlands requirements As a condition of the receipt of a marketing assistance loan under subsection (a), the pro- ducer shall comply with applicable conservation requirements under subtitle B of title XII of the Food Security Act of 1985 (16 U.S.C. 3811 et seq.) and applicable wetland protection requirements under subtitle C of title XII of that Act (16 U.S.C. 3821 et seq.) during the term of the loan. (Pub. L. 110–234, title I, § 1201, May 22, 2008, 122 Stat. 953; Pub. L. 110–246, § 4(a), title I, § 1201, June 18, 2008, 122 Stat. 1664, 1681.) Editorial Notes REFERENCES IN TEXT The Food Security Act of 1985, referred to in subsec. (c), is Pub. L. 99–198, Dec. 23, 1985, 99 Stat. 1354. Sub- titles B and C of title XII of the Act are classified gen- erally to subchapters II (§ 3811 et seq.) and III (§ 3821 et seq.), respectively,

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Page 2228 TITLE 7—AGRICULTURE § 8731 1 See References in Text note below. SUBCHAPTER II—MARKETING ASSISTANCE LOANS AND LOAN DEFICIENCY PAYMENTS § 8731. Availability of nonrecourse marketing as- sistance loans for loan commodities (a) Nonrecourse loans available (1) Availability For each of the 2008 through 2012 crops of each loan commodity, the Secretary shall make available to producers on a farm non- recourse marketing assistance loans for loan commodities produced on the farm. (2) Terms and conditions The marketing assistance loans shall be made under terms and conditions that are pre- scribed by the Secretary and at the loan rate established under section 8732 of this title for the loan commodity. (b) Eligible production The producers on a farm shall be eligible for a marketing assistance loan under subsection (a) for any quantity of a loan commodity produced on the farm. (c) Compliance with conservation and wetlands requirements As a condition of the receipt of a marketing assistance loan under subsection (a), the pro- ducer shall comply with applicable conservation requirements under subtitle B of title XII of the Food Security Act of 1985 (16 U.S.C. 3811 et seq.) and applicable wetland protection requirements under subtitle C of title XII of that Act (16 U.S.C. 3821 et seq.) during the term of the loan. (Pub. L. 110–234, title I, § 1201, May 22, 2008, 122 Stat. 953; Pub. L. 110–246, § 4(a), title I, § 1201, June 18, 2008, 122 Stat. 1664, 1681.) Editorial Notes REFERENCES IN TEXT The Food Security Act of 1985, referred to in subsec. (c), is Pub. L. 99–198, Dec. 23, 1985, 99 Stat. 1354. Sub- titles B and C of title XII of the Act are classified gen- erally to subchapters II (§ 3811 et seq.) and III (§ 3821 et seq.), respectively, of chapter 58 of Title 16, Conserva- tion. For complete classification of this Act to the Code, see Short Title of 1985 Amendment note set out under section 1281 of this title and Tables. CODIFICATION Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Enactment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as a note under section 8701 of this title. § 8732. Loan rates for nonrecourse marketing as- sistance loans (a) 2008 crop year For purposes of the 2008 crop year, the loan rate for a marketing assistance loan under sec- tion 8731 of this title for a loan commodity shall be equal to the following: (1) In the case of wheat, $2.75 per bushel. (2) In the case of corn, $1.95 per bushel. (3) In the case of grain sorghum, $1.95 per bushel. (4) In the case of barley, $1.85 per bushel. (5) In the case of oats, $1.33 per bushel. (6) In the case of base quality of upland cot- ton, $0.52 per pound. (7) In the case of extra long staple cotton, $0.7977 per pound. (8) In the case of long grain rice, $6.50 per hundredweight. (9) In the case of medium grain rice, $6.50 per hundredweight. (10) In the case of soybeans, $5.00 per bushel. (11) In the case of other oilseeds, $9.30 per hundredweight for each of the following kinds of oilseeds: (A) Sunflower seed. (B) Rapeseed. (C) Canola. (D) Safflower. (E) Flaxseed. (F) Mustard seed. (G) Crambe. (H) Sesame seed. (I) Other oilseeds designated by the Sec- retary. (12) In the case of dry peas, $6.22 per hun- dredweight. (13) In the case of lentils, $11.72 per hundred- weight. (14) In the case of small chickpeas, $7.43 per hundredweight. (15) In the case of graded wool, $1.00 per pound. (16) In the case of nongraded wool, $0.40 per pound. (17) In the case of mohair, $4.20 per pound. (18) In the case of honey, $0.60 per pound. (b) 2009 crop year Except as provided in section 8715 1 of this title, for purposes of the 2009 crop year, the loan rate for a marketing assistance loan under sec- tion 8731 of this title for a loan commodity shall be equal to the following: (1) In the case of wheat, $2.75 per bushel. (2) In the case of corn, $1.95 per bushel. (3) In the case of grain sorghum, $1.95 per bushel. (4) In the case of barley, $1.85 per bushel. (5) In the case of oats, $1.33 per bushel. (6) In the case of base quality of upland cot- ton, $0.52 per pound. (7) In the case of extra long staple cotton, $0.7977 per pound. (8) In the case of long grain rice, $6.50 per hundredweight. (9) In the case of medium grain rice, $6.50 per hundredweight. (10) In the case of soybeans, $5.00 per bushel. (11) In the case of other oilseeds, $9.30 per hundredweight for each of the following kinds of oilseeds: (A) Sunflower seed. (B) Rapeseed. (C) Canola. (D) Safflower. Page 2229 TITLE 7—AGRICULTURE § 8734 (E) Flaxseed. (F) Mustard seed. (G) Crambe. (H) Sesame seed. (I) Other oilseeds designated by the Sec- retary. (12) In the case of dry peas, $5.40 per hun- dredweight. (13) In the case of lentils, $11.28 per hundred- weight. (14) In the case of small chickpeas, $7.43 per hundredweight. (15) In the case of large chickpeas, $11.28 per hundredweight. (16) In the case of graded wool, $1.00 per pound. (17) In the case of nongraded wool, $0.40 per pound. (18) In the case of mohair, $4.20 per pound. (19) In the case of honey, $0.60 per pound. (c) 2010 through 2012 crop years Except as provided in section 8715 1 of this title, for purposes of each of the 2010 through 2012 crop years, the loan rate for a marketing as- sistance loan under section 8731 of this title for a loan commodity shall be equal to the fol- lowing: (1) In the case of wheat, $2.94 per bushel. (2) In the case of corn, $1.95 per bushel. (3) In the case of grain sorghum, $1.95 per bushel. (4) In the case of barley, $1.95 per bushel. (5) In the case of oats, $1.39 per bushel. (6) In the case of base quality of upland cot- ton, $0.52 per pound. (7) In the case of extra long staple cotton, $0.7977 per pound. (8) In the case of long grain rice, $6.50 per hundredweight. (9) In the case of medium grain rice, $6.50 per hundredweight. (10) In the case of soybeans, $5.00 per bushel. (11) In the case of other oilseeds, $10.09 per hundredweight for each of the following kinds of oilseeds: (A) Sunflower seed. (B) Rapeseed. (C) Canola. (D) Safflower. (E) Flaxseed. (F) Mustard seed. (G) Crambe. (H) Sesame seed. (I) Other oilseeds designated by the Sec- retary. (12) In the case of dry peas, $5.40 per hun- dredweight. (13) In the case of lentils, $11.28 per hundred- weight. (14) In the case of small chickpeas, $7.43 per hundredweight. (15) In the case of large chickpeas, $11.28 per hundredweight. (16) In the case of graded wool, $1.15 per pound. (17) In the case of nongraded wool, $0.40 per pound. (18) In the case of mohair, $4.20 per pound. (19) In the case of honey, $0.69 per pound. (d) Single county loan rate for other oilseeds The Secretary shall establish a single loan rate in each county for each kind of other oil- seeds described in subsections (a)(11), (b)(11), and (c)(11). (Pub. L. 110–234, title I, § 1202, May 22, 2008, 122 Stat. 954; Pub. L. 110–246, § 4(a), title I, § 1202, June 18, 2008, 122 Stat. 1664, 1682.) Editorial Notes REFERENCES IN TEXT Section 8715 of this title, referred to in subsecs. (b) and (c), was repealed by Pub. L. 113–79, title I, § 1103(a), Feb. 7, 2014, 128 Stat. 658. CODIFICATION Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Enactment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as a note under section 8701 of this title. § 8733. Term of loans (a) Term of loan In the case of each loan commodity, a mar- keting assistance loan under section 8731 of this title shall have a term of 9 months beginning on the first day of the first month after the month in which the loan is made. (b) Extensions prohibited The Secretary may not extend the term of a marketing assistance loan for any loan com- modity. (Pub. L. 110–234, title I, § 1203, May 22, 2008, 122 Stat. 956; Pub. L. 110–246, § 4(a), title I, § 1203, June 18, 2008, 122 Stat. 1664, 1684.) Editorial Notes CODIFICATION Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Enactment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as a note under section 8701 of this title. § 8734. Repayment of loans (a) General rule The Secretary shall permit the producers on a farm to repay a marketing assistance loan under section 8731 of this title for a loan commodity (other than upland cotton, long grain rice, me- dium grain rice, extra long staple cotton, and confectionery and each other kind of sunflower seed (other than oil sunflower seed)) at a rate that is the lesser of—

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 3811 — Program ineligibility

**(a) In general** Except as provided in [section 3812 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3812&num=0&edition=prelim), and notwithstanding any other provision of law, any person who in any crop year produces an agricultural commodity on a field on which highly erodible land is predominant, or designates land on which highly erodible land is predominant to be set aside, diverted, devoted to conservation uses, or otherwise not cultivated under a program administered by the Secretary to reduce production of an agricultural commodity, as determined by the Secretary shall be ineligible for— (1) as to any commodity produced during that crop year by such person— (A) contract payments under a production flexibility contract, marketing assistance loans, and any type of price support or payment made available under the Agricultural Market Transition Act [[7 U.S.C. 7201](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7201&num=0&edition=prelim) et seq.], the Commodity Credit Corporation Charter Act ([15 U.S.C. 714](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section714&num=0&edition=prelim) et seq.), or any other Act; (B) a farm storage facility loan made under section 4(h) of the Commodity Credit Corporation Charter Act ([15 U.S.C. 714b(h)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section714b/h&num=0&edition=prelim)); (C) a disaster payment; (D) a loan made, insured, or guaranteed under the Consolidated Farm and Rural Development Act ([7 U.S.C. 1921](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1921&num=0&edition=prelim) et seq.) or any other provision of law administered by the Consolidated Farm Service

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 3811 — Program ineligibility

Page 2343 TITLE 16—CONSERVATION § 3811 1 See Change of Name note below. of Pub. L. 110–246, set out as a note under section 8701 of Title 7, Agriculture.] REFORM AND ASSESSMENT OF CONSERVATION PROGRAMS Pub. L. 107–171, title II, § 2005, May 13, 2002, 116 Stat. 237, required the Secretary of Agriculture to develop a plan to coordinate land retirement and agricultural working land conservation programs that are adminis- tered by the Secretary to achieve the goals of elimi- nating redundancy, streamlining program delivery, and improving services provided to agricultural producers and to submit to Congress a report on this plan by Dec. 31, 2005. CONSERVATION CORRIDOR DEMONSTRATION PROGRAM Pub. L. 110–114, title V, § 5059, Nov. 8, 2007, 121 Stat. 1215, which authorized the Secretary of the Army to provide technical assistance to the Secretary of Agri- culture for use in carrying out the Conservation Cor- ridor Demonstration Program established under sub- title G of title II of Pub. L. 107–171, formerly set out below, was repealed by Pub. L. 115–334, title II, § 2811(b), Dec. 20, 2018, 132 Stat. 4602. Pub. L. 107–171, title II, subtitle G, May 13, 2002, 116 Stat. 275, which related to a Conservation Corridor Demonstration Program to integrate agriculture and forestry conservation programs of the Department of Agriculture with State and local efforts to address farm conservation needs on the Delmarva Peninsula, was repealed by Pub. L. 115–334, title II, § 2811(a), Dec. 20, 2018, 132 Stat. 4602. CRANBERRY ACREAGE RESERVE PROGRAM Pub. L. 107–171, title X, § 10608, May 13, 2002, 116 Stat. 515, which authorized the Secretary of Agriculture to establish a program to purchase permanent easements in wetlands or buffer strips that were used or had a his- t

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 3821 — Program ineligibility

**(a) Production on converted wetland** Except as provided in this subchapter and notwithstanding any other provision of law, any person who in any crop year produces an agricultural commodity on converted wetland, as determined by the Secretary, shall be— (1) in violation of this section; and (2) ineligible for loans or payments in an amount determined by the Secretary to be proportionate to the severity of the violation. **(b) Ineligibility for certain loans and payments** If a person is determined to have committed a violation under subsection (a) during a crop year, the Secretary shall determine which of, and the amount of, the following loans and payments for which the person shall be ineligible: (1) Contract payments under a production flexibility contract, marketing assistance loans, and any type of price support or payment made available under the Agricultural Market Transition Act [[7 U.S.C. 7201](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7201&num=0&edition=prelim) et seq.], the Commodity Credit Corporation Charter Act ([15 U.S.C. 714](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section714&num=0&edition=prelim) et seq.), or any other Act. (2) A loan made or guaranteed under the Consolidated Farm and Rural Development Act ([7 U.S.C. 1921](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1921&num=0&edition=prelim) et seq.) or any other provision of law administered by the Consolidated Farm Service Agency,11 See Change of Name note below. if the Secretary determines that the proceeds of the loan will be used for a purpose that will contribute to conversion of a wetland (other than as provided in this subchapter) to produce an agricultural commodity. (3) During the crop year:

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 3821 — Program ineligibility

Page 2349 TITLE 16—CONSERVATION § 3821 1 See Change of Name note below. AMENDMENTS 2014—Subsec. (d)(4). Pub. L. 113–79 added par. (4). § 3813. Soil surveys The Secretary shall, as soon as is practicable after December 23, 1985, complete soil surveys on those private lands that do not have a soil sur- vey suitable for use in determining the land ca- pability class for purposes of this subchapter. In carrying out this section, the Secretary shall, insofar as possible, concentrate on those local- ities where significant amounts of highly erod- ible land are being converted to the production of agricultural commodities. (Pub. L. 99–198, title XII, § 1214, formerly § 1213, Dec. 23, 1985, 99 Stat. 1507; renumbered § 1214, Pub. L. 104–127, title III, § 315(a)(1), Apr. 4, 1996, 110 Stat. 983.) § 3814. Notice and investigation of possible com- pliance deficiencies (a) In general An employee of the Department of Agriculture who observes a possible compliance deficiency or other potential violation of a conservation plan or this subchapter while providing on-site technical assistance shall provide to the respon- sible persons, not later than 45 days after ob- serving the possible violation, information re- garding actions needed to comply with the plan and this subchapter. The employee shall provide the information in lieu of reporting the observa- tion as a compliance violation. (b) Corrective action The responsible persons shall attempt to cor- rect the deficiencies as soon as practicable after receiving the information. (c) Review If the corrective action is not fully imple- mented not later than 1 year after the respon- sible persons receive the information, the Sec- retary may conduct a review of the status of compliance of the persons with the con

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 8732 — Period of effectiveness

This subchapter shall be effective beginning with the 2008 crop year of each covered commodity through the 2012 crop year.

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